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(영문) 수원지방법원 안산지원 2017.02.28 2016고단3849
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 15, 2016, the Defendant was driving a D car free of the driver’s license in the section of about 4 km from the front day of the Kasan-si in Ansan-si to the front day of the 35 (Moved) of the same Kusan-si, Ansan-si to the same Kusan-si University in Ansan-si.

2. The Defendant violated the Guarantee of Automobile Compensation Act, without purchasing mandatory insurance at the same date and place as stated in the foregoing paragraph (1), driving the said car rental car.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures do not have the same criminal records to the defendant, the defendant appears to have an attitude against the defendant, even though during the period of suspension of execution, it appears to be replaced by the public traffic during the above period, and the defendant's age, occupation, sex, environment, and circumstances before and after the instant crime are determined by comprehensively taking account of all the conditions of sentencing as indicated in the records, such as the defendant's age

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